Before your trial or hearing, you should serve a subpoena on every witness to make sure they show up.A subpoena requires testimony or documentation to be submitted to the court.It’s not the same as a summons, which requires someone to appear in court.You can get a subpoena from the court clerk.Follow your state’s rules for service of process if you fill it out.You should enforce the subpoena if the witness doesn’t show up to testify.
Step 1: You can get the form.
You can fill out a blank subpoena form.Go to the court website and ask the clerk.Mention that you need a subpoena.If you want to request documents, there are different subpoenas.Start the subpoena process early.It is not possible to serve a subpoena on a witness the day before they testify.You might need to give a certain amount of notice.You can find out how much notice is given by reading your state’s rules.
Step 2: The form needs to be completed.
You need to give the court the name and address of the witness.The court’s name.The name of the action is usually Smith v. Smith.There is a type of subpoena.If you are an attorney.They must testify at a certain time and place.
Step 3: The subpoena should be submitted to the court.
The clerk needs to sign off on the subpoena.They usually do.You should make a copy of your own records as well.
Step 4: Do you know the methods of service?
Depending on the jurisdiction, acceptable methods of service will be different.You should check your state law for subpoenas.The sheriff can serve a subpoena.A process server can be hired for a fee.You can check online or in the phone book.The process server charges around $65 to make service.If this person is not a party to the case, you can ask them to deliver the subpoena.You may be able to mail the subpoena certified mail.You will have to get the court’s permission first.
Step 5: You have to pay witness fees.
You need to pay a fee if you want to attend a deposition, hearing, or trial.You may have to pay a mileage fee.If this applies to your situation, check your state law.You should always have proof of payment.If you pay with a check, you can get a copy of the canceled check.
Step 6: Hold onto it.
The affidavit signed by the server should show that the subpoena was served.If you need to prove service was made, keep this paperwork.Do you need to file an affidavit with the court?
Step 7: Provide copies to other parties.
You might need to send a copy of the subpoena to other parties in your jurisdiction.If you are suing two people, both of them will need a copy of your subpoena.The copy can be sent to other parties.You don’t have to personally serve it if you fax or mail it.
Step 8: You should have proof that you served the subpoena.
You should find a copy of the subpoena as well as proof of service.Proof that you paid witness fees is required.You have to show the judge that you followed the rules when you sent the subpoena.
Step 9: You can file a contempt motion.
The judge needs to enforce the subpoena.A short motion and affidavit should be used to explain that the witness did not show up to testify.An order to show cause is an order for a witness to appear in court and explain why they did not comply with the subpoena.If you are in the middle of a trial or hearing, you may be able to make an oral motion to the judge.You can say, “Your Honor, my witness, Mrs. Kathy Smith, has not shown up even though I served her with a subpoena.”
Step 10: Show cause on the witness by serving the order.
You can serve it the same way you served the subpoena.Double check by reading the court rules.You need to show proof that you made service.
Step 11: You should attend the court hearing.
The judge will give your witness a chance to explain why they didn’t show up.They might argue that you didn’t complete the subpoena correctly.The witness will be ordered to testify if the judge decides you did everything right.A witness can be arrested if they refuse to testify.They might be fined if they don’t comply.